Contract
Exhibit 10.16
Xx. Xxxxx
Xxxxxx
Chief Operating Officer
Cancer Research Technology Limited
Xxxxxxxx Xxxxx
Xxxxxxxx Xxxxxx
Xxxxxx XX0X 0XX
9 March 2004
Dear Xx. Xxxxxx:
- Re:
- Amended and Restated License Agreement between Cancer Research Technology Limited (formerly Imperial Cancer Research Technology
Limited) and Biomira Inc. dated 14th November 2000 (the "License")
- 1.
- Defined
terms used in this letter but not defined in this letter are as defined in the License.
- 2.
- Article 5.1
of the License provides that where Biomira Inc. ("Biomira") grants a sublicense under the License, Biomira shall pay to Cancer Research Technology Limited
("CRTL") a royalty on any Sublicense Revenue received by Biomira.
- 3.
- Pursuant
to Article 3.3 of the License we have sought your consent to grant a sublicense under the License to Cancer Vac Pty Limited ("Cancer Vac") and we have provided you with
the Final Draft of the proposed sub-license (the "Draft").
- 4.
- Pursuant
to Section 2.7 of the Final Draft as a result of Cancer Vac and Prima Biomed Limited executing and delivering to Biomira the subscription agreement and the shareholder
agreement referred to in that Section, we will receive shares in Cancer Vac which we warrant are currently valued at [+] (the "Shares").
- 5.
- In
consideration for CRTL's consent to the proposed sub-license which shall be provided by a side-letter from you to us, we confirm that the
Shares will be treated as Sublicense Revenue for the purposes of the License, at the value at which they are currently valued.
- 6.
- We therefore confirm that upon execution of the sub-License, CRTL shall be entitled to Sublicense Revenue royalty in the sum of [+] which shall be creditable against the minimum Sublicense Revenue royalties as provided for in the License and already paid by Biomira to CRTL.
BIOMIRA
INC. 0000 - 00 Xx. Xxxxxxxx, XX, Xxxxxx X0X 0X0 Tel: (000) 000-0000 Fax: (000) 000-0000
xxxx://xxx.xxxxxxx.xxx
[+] DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED FOR CONFIDENTIALITY PURPOSES
- 7.
- Applicable law and jurisdiction governing this letter of agreement shall be determined in accordance with the provisions of Article 14 of the License.
I would be grateful if you would confirm your agreement to the terms of this letter by signing both copies and returning one copy to me.
Yours sincerely, | ||
BIOMIRA INC. |
||
Per: |
||
/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President Finance & Administration & CFO |
/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Vice President Marketing & Business Development |
Confirmed and agreed to by Cancer Research Technology Limited as of 9 March 2004.
Signature: | /s/ K S Xxxxxx |
|||
Print Name: |
K S Xxxxxx |
|||
Title: | COO |
|||
BIOMIRA
INC. 0000 - 00 Xx. Xxxxxxxx, XX, Xxxxxx X0X 0X0 Tel: (000) 000-0000 Fax: (000) 000-0000
xxxx://xxx.xxxxxxx.xxx
[+] DESIGNATES PORTIONS OF THIS DOCUMENT THAT HAVE BEEN OMITTED FOR CONFIDENTIALITY PURPOSES
2